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76 Crime L. & Soc. Change 1 (2021)

handle is hein.journals/crmlsc76 and id is 1 raw text is: Crime, Law and Social Change (2021) 76:1-22 https://doi.org/10.1007/s10611-021-09941-6 Child protection versus teacher protection: a legal review of the settlement of school corporal punishment in Indonesia Rusmilawati Windari1 - Supanto2 - Widodo Tresno Novianto3 Accepted: 19 January 2021! Published online:6 April 2021 (0 The Author(s), under exclusive licence to Springer Nature B.V. part of Springer Nature 2021 Abstract The education sphere nowadays faces the issue of corporal punishment, which is considered a detrimental school discipline that has negative impacts on a child's development and growth. Teachers are advised to always opt for moral persuasion rather than corporal punishment in disciplining their misbehaving students. In Indonesia, the teacher stays in a dilemma as many cases of the administration of light corporal punishment have gone to criminal litigation and ended up with sentencing ofthe teacher. Concurrently, often the teacher becomes a victim of a student's disruptive behavior when they only adopt soft measures such as reprimands. Legal protection for teachers has been guaranteed by the Teacher and Lecturer Law Year 2005 and several other relevant regulations. Unfortunately, the existence of the Law on Child Protection Year 2014, which broadly governs the prohibition of violence, has made criminalisation of teachers easy and their protection questionable. This paper elaborates the extent of legal protection provided to teachers in the term of facing criminal litigation due to corporal punishment. It also explores the legal effort that can be undertaken by the Indonesian Government to embody fair protection for teachers and children. Keywords Teacher protection - Child protection - School corporal punishment . Criminal law Review 2 Rusmilawati Windari wiendari@gmail.com Supanto supanto.8787@gmail.com Widodo Tresno Novianto novianto @consultant.corn Extended author information available on the last page of the article 4_) Springer